PARMARTH MARKETING PRIVATE LIMITED Vs. STATE OF U.P.
LAWS(ALL)-2014-3-19
HIGH COURT OF ALLAHABAD
Decided on March 13,2014

Parmarth Marketing Private Limited Appellant
VERSUS
STATE OF U.P. Respondents

JUDGEMENT

- (1.) Prior to 10th May, 1939 there existed the Methodist Episcopal Church, the Methodist Episcopal Church South and the Methodist Protestant Church. It is contended that these three churches merged and became the Methodist Church. At some point of time, the Methodist Church in Southern Asia came into existence and was registered as a Society under The Bombay Public Trust Act, 1950 was also registered under the Societies Registration Act of 1860. The Methodist Church in India became the successor-in-interest of the Methodist Church in Southern Asia in 1982 and necessary amendment in the registration certificate was carried out under the Bombay Public Trust Act as well as under the Societies Registration Act.
(2.) It is contended that the Methodist Church in India has a large number of properties located at various places in India and that the properties at Bijnor was being looked after by the Moradabad Region of the Methodist Church in India. This Moradabad Region took a decision with prior approval of the central body to sell some agricultural land in order to raise necessary funds for maintenance and management of the churches and its properties. This decision was taken on 5.4.2006, which was approved by the Managing Committee of the Executive Board of the Methodist Church of India on 29.6.2006. Based on the aforesaid decision, the Methodist Church of Moradabad Region issued an advertisement in two daily newspapers, namely, "Dainik Jagran" and "Rastriya Vedana" inviting tenders for sale of the land measuring 2.5453 hectares in Mission Compound, Bijnor. It was contended that the land in question was recorded as an agricultural land in the revenue record.
(3.) The petitioners submitted a bid of Rs.3.7 Crores, which after negotiation was increased to Rs.4.21 Crores and eventually, the said offer was accepted by the Executive Board of the Moradabad Region on 26.11.2006. While accepting the offer, it was made clear, that the payment was to be done by means of a bank draft in the name of the Executive Board of the Methodist Church in India, payable at Mumbai where the Society was registered and its Head Office was located.;


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